DEPARTMENT OF THE ARMY

UNITED STATES MILITARY ACADEMY

West Point, New York 10996
REPLY TO
ATTENTION OF

MACC-O-3-I

07 May 2016

MEMORANDUM FOR Brigade Tactical Officer, United States Corps of Cadets United
States Military Academy, West Point, New York 10996
SUBJECT: Preliminary Inquiry Regarding Old Corps Photograph

1. This responds to your request for a preliminary inquiry regarding a photo depicting a
group of sixteen female members of the USMA Class of 2016, taken on 26 April 2016
on the steps of Nininger Hall, West Point, New York.
2. Background. This Preliminary Inquiry was initiated on 28 April 2016. In addition to
the sixteen Cadets appearing in the photo, Cadet Thomas Hinds, the photographer, and
the USCC Equal Opportunity Advisor, SFC Jeremee Brown, were interviewed. The
United States Corps of Cadets Trial Counsel advised me throughout this inquiry, and
reviewed this report.
3. Facts.
a. On 26 April 2016, a group of sixteen African American, female Cadets belonging
to the Class of 2016 organized an Old Corps photograph session on the steps of
Nininger Hall, located at West Point, New York. All individuals depicted in the
photograph wore the Cadet Full Dress Uniform.
b. This inquiry stems from concerns that the photograph may violate Department of
Defense Directive (DoDD) 1344.10.
i. Paragraph 4 of this DoDD states members on active duty should not engage in
partisan political activity, and that members not on active duty should avoid inferences
that their political activities imply or appear to imply official sponsorship, approval, or
endorsement.
ii. Paragraph 4.3.2.2 states that members are prohibited from depicting or
allowing depiction of themselves in a uniform in a manner that does not accurately
reflect their actual performance of duty.
iii. Even if not a direct violation of any paragraph of the DoDD, paragraph 4.1.5 of
the DoDD states Activities not expressly prohibited may be contrary to the spirit and
intent of this Directive. Any activity that may be reasonably viewed as directly or
indirectly associating the Department of Defense with a partisan political activity or is
otherwise contrary to the spirit and intention of this Directive shall be avoided.

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SUBJECT: Preliminary Inquiry Regarding Old Corps Photograph

iv. For purposes of the DoDD, partisan political activity is defined as activity
supporting or relating to candidates representing, or issues specifically identified with,
national or State political parties and associated or ancillary organizations or clubs.
v. Violations of this DoDD by persons subject to the Uniform Code of Military
Justice are punishable under Article 92, UCMJ, Failure to Obey Order or Regulation.
c. Nine photographs were taken during which three poses were assumed. The first
pose of three pictures depicted the group of individuals in question in a serious stance.
The second pose of three pictures depicted the group appearing with their fists held in
the air. This pose is the photograph which has caused the Command concern. The
third pose of three pictures depicted the group in a non-serious, or silly manner.
d. Timeline.
i. 06 April 2016: Cadet Chioma Odocha emails Cadet Thomas Hinds, the Public
Affairs Officer for the Respect Program, asking him to take traditional Old Corps
pictures. As stated in the initial email, the intent was to showcase the awesome black
women in our class.
ii. 26 1340 April 2016: All participating individuals assemble on the steps of
Ninninger Hall.
iii. 26 1346 April 2016: The first of three pictures depicting a serious stance is
taken. Following this series of photographs, Cadet Thomas Hinds tells the group they
can choose to assume a new pose. Cadet Janelle Bass and Cadet Quintesa Gould
propose the raised fist stance. Cadets Winter, Edwards and Slaughter express
concern and state are we really doing this? In response, Cadet Veronica Bryant tells
the group this isnt an EO violation and we wont get in trouble for it.
iv. 26 1347 April 2016: The second series of three pictures with the Cadets
holding their fists in the air are taken.
v. 26 1348 April 2016: The third, and last, series of pictures depicting a silly
stance are taken.
vi. 26 1458 April 2016: Cadet Thomas Hinds emails three pictures to the
participants of the photograph. One serious pose, one raised fist pose, and one
silly pose. All of which he cropped and added a fifty percent gray scale filter. Cadet
Hinds did not seek authorization or guidance from the West Point Public Affairs Office
prior to taking or disseminating the photographs.
e. The following individuals participated in the Old Corps photograph session, were
interviewed and provided sworn statements as part of this inquiry: Janelle Bass (A4),

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SUBJECT: Preliminary Inquiry Regarding Old Corps Photograph
Jessica Beatty (H1), Veronica Bryant (G1), Vanessa Edwards (F1), Rebekah Estime
(A1), Dartie Gilet (G3), Quintesa Gould (C4), Ciara Jackson (H3), Brianna Johnson
(G2), Chioma Odocha (H2), Brigette Ocran (E1), Amy Slaughter (I4), Candace Stewart
(E2), Avrie Welton (A3), Vanessa Weston (G1), and Haley Winters (B2).
f. Cadets in the photograph stated the raised fist pose was a spur of moment
proposal made by Cadet Janelle Bass and Cadet Quintesa Gould, although most were
uncertain who made the proposal. Cadet Bass stated that she wished to send it to her
mother. All participants indicated the intent of the raised fist photograph was intended
to display unity, solidarity and pride due to a sense of accomplishment resulting from
graduating and commissioning from the United States Military Academy.
g. No member of the photograph admitted to involvement, allegiance to, or support of a
political or social movement.
4. Findings.
a. I find that on 26 April 2016, there was no malintent among the participants of the
photograph, and therefore I find no direct violation of DoDD 1344.10. However, I find
that their actions were contrary to the spirit of the Directive (paragraph 4.1.5), as their
actions can be interpreted as being associated with issues specifically identified with
national or State political parties and associated or ancillary organizations or clubs.
b. I find that based upon available evidence none of the participants, through their
actions, intended to show support for a political movement.
c. I find that although concern was made regarding the decision to display a raised
fist, only one minute elapsed from the time the proposal was made to the time the
picture was taken. This indicates the group did not adequately discuss the benefits and
limitations regarding possible public perception of their action while wearing a military
uniform.
5. Recommendations:
a. I recommend the Command take no punitive action against any individual involved
in the photograph.
b. Based on the fact that the photo has caused a perception of impropriety on the
part of the sixteen female Cadets, I recommend all photographed individuals receive a
block of instruction designed and implemented by the Simon Center for Professional
Military Excellence, intended to educate the Cadets on the impact of their actions. I
recommend this instruction be completed prior to the May graduation of the USMA
Class of 2016. I do not feel the graduation of any of the sixteen Cadets in the
photograph should be delayed, so long as they display an understanding of how their

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SUBJECT: Preliminary Inquiry Regarding Old Corps Photograph
actions as Cadets and future Officers were inappropriate, at the conclusion of the
instruction.
c. I recommend all future Old Corps photographs be reviewed by the West Point
Public Affairs Office prior to release to any Cadet or outside agency.
6. The point of contact for this Memorandum is the undersigned at office 845-938-4402,
or by email at william.mcnally@usma.edu.

21 Encls
1. Released photograph-Serious
2. Released photograph-Raised Fist
3. Released photograph-Silly
4. Scheduling email
5. CDT Bass DA Form 2823
6. CDT Beatty DA Form 2823
7. CDT Bryant DA Form 2823
8. CDT Edwards DA Form 2823
9. CDT Estime DA Form 2823
10. CDT Gilet DA Form 2823
11. CDT Gould DA Form 2823
12. CDT Jackson DA Form 2823
13. CDT Johnson DA Form 2823
14. CDT Ocran DA Form 2823
15. CDT Odocha DA Form 2823
16. CDT Slaughter DA Form 2823
17. CDT Stewart DA Form 2823
18. CDT Welton DA Form 2823
19. CDT Weston DA Form 2823
20. CDT Winters MFR
21. CDT Hinds DA Form 2823

W. RYAN MCNALLY
MAJ, IN
Tactical Officer, I3